ABSTRACT
This paper comparatively examines the doctrine of misrepresentation under Pakistan’s Contract Act 1872 and English contract law. Although the doctrine of misrepresentation in both jurisdictions has common historical roots, the doctrine has developed differently in each jurisdiction. In contrast to the English law, which particularly after the enactment of the Misrepresentation Act 1872 distinguishes between fraudulent, negligent and innocent misrepresentation, Section 18 of the Contract Act 1872 only recognises innocent misrepresentation, while fraud is treated separately under Section 17 and negligent misrepresentation remains unrecognised. The paper examines key areas of doctrinal divergence, including the classification and definition of misrepresentation, the treatment of statements of opinion versus fact, non-disclosure and partial non-disclosure, the allocation of the burden of proof and the scope of available remedies. The paper argues that English law has developed a more comprehensive and commercially responsive framework, while the Contract Act 1872 remains comparatively limited, leaving parties with inadequate protection against careless but materially misleading statements and highlighting the need for further judicial or legislative development.
Aman, Muhammad Saad, The Evolution of Misrepresentation: A Comparative Analysis of the Contract Act 1872 and English Contract Law (August 20, 2026).
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